If you’ve been arrested for DUI and charged with a felony, you may feel like there is no way out. California is tough on driving under the influence of alcohol and drugs, and misdemeanors for first-time offenders can mean fines and jail time. As you know, a felony DUI is far more serious.
Punishments for felony DUI in California can mean years in prison, fines, and license suspensions, not to mention major setbacks in your personal and professional life. Don’t take chances when your future is on the line. Get help from a Palmdale felony DUI attorney.
A Palmdale DUI lawyer can investigate the evidence, protect your rights, and seek ways to mitigate the impact of your charges. We’ve helped thousands of people get the legal help they need. Call today, and Los Angeles DUI Lawyer can connect you with a skilled attorney.
How Can a DUI Attorney Help With Your Case?
While every case is different, some of the things your Palmdale felony DUI attorney may be able to do to help include:
- Challenging the Evidence: Your attorney can review the legality of the stop, testing procedures, and lab handling. If errors are found, they could lead to key evidence being thrown out.
- Negotiating for Lesser Charges: In some cases, attorneys can negotiate with prosecutors to downgrade a felony DUI to a misdemeanor or secure lighter penalties such as probation, diversion programs, or reduced jail time.
- Representing You in Court: Your lawyer will handle all court proceedings, advocate for you, and construct a strong defense to challenge the prosecution and defend your rights.
- Protecting Your Driving Privileges: An attorney can represent you at DMV hearings to challenge license suspensions, request restricted driving privileges, or delay revocation through legal strategies.
- Mitigating Long-Term Consequences: A good DUI lawyer can help minimize the long-term impact on your record, job prospects, and civil rights, and may also advise you about future expungement opportunities.
Driving under the influence in California falls under Vehicle Code § 23152 – 23229.1. Your felony DUI lawyer in Palmdale’s strategy and potential options will depend on the reason for your felony. There are several possibilities in California.
Fourth DUI Offense Within 10 Years
In California, a DUI becomes a felony if it’s your fourth or later DUI offense within 10 years. This 10-year span includes previous convictions for DUI, wet reckless, or similar out-of-state convictions. Penalties for a fourth DUI include:
- Up to 3 years in state prison,
- License revocation for up to 4 years,
- Substantial fines,
- Mandatory DUI education,
- Designation as a habitual traffic offender
- Installation of an ignition interlock device (IID)
The state views repeat offenses as a pattern of dangerous behavior. Prosecutors typically pursue felony charges regardless of whether anyone was harmed. Courts consider the time between offenses, your criminal history, and any aggravating factors when determining sentencing.
DUI Causing Injury
When a DUI results in bodily injury to someone else, you may face a felony DUI with injury. This is considered a wobbler offense, meaning it can be charged as either a misdemeanor or a felony depending on the circumstances.
Key factors include the severity of injuries, the number of victims, and whether you have prior DUIs. A felony DUI causing injury can result in 16 months to 4 years in state prison, with an additional 1–6 years for each person injured.
Fines can reach $5,000, and you might face license suspension, DUI school, probation, and victim restitution. A conviction may also count as a strike under California’s Three Strikes Law if it involved great bodily injury.
Prior Felony DUI Conviction
If you’ve previously been convicted of a felony DUI, any new DUI arrest can automatically be charged as a felony, even if the latest incident would typically be a misdemeanor. This rule applies regardless of how much time has passed since the last felony DUI.
Penalties include up to 3 years in prison, license revocation, fines, and alcohol treatment.
Having a prior felony DUI indicates to the court a disregard for public safety, leading judges and prosecutors to impose harsher penalties. These cases are often prosecuted aggressively because of the prior felony record, and help from an experienced attorney is essential.
DUI Resulting in Death
A DUI that causes a fatality can result in the most serious felony charges available under California law. There are three main types:
- Vehicular Manslaughter While Intoxicated is charged when a death occurs, but gross negligence is not proven.
- Gross Vehicular Manslaughter While Intoxicated involves death caused by gross negligence and carries up to 10 years in prison.
- Second-Degree Murder applies when a person with a prior DUI is aware of the dangers of drunk driving (often having signed a Watson Advisement) and drives anyway. This is punishable by 15 years to life in prison.
Prosecutors evaluate blood alcohol content (BAC), speed, reckless conduct, and previous DUI education to decide the appropriate charge. These cases often involve both criminal charges and possible civil liability for wrongful death.
Consult With a Palmdale Felony DUI Attorney.
It is not hard to understand why states like California are so tough on driving under the influence. A felony conviction is a serious matter. Not only might you spend significant time in prison, but the repercussions can follow you for the rest of your life.
With so much at stake, it’s smart to seek legal help. A Palmdale felony DUI attorney has the experience and knowledge to find ways to reduce the impact of your charge so you can get on with your life.
Call today, and we can put you in touch with a knowledgeable attorney who can handle your case.
Fact Checked
